McDonald v. Watkins
Alabama Court of Appeals
Appeal from Probate Court, Chilton County; L. H. Reynolds, Judge. Habeas Corpus for the custody of an infant child by the parents, T. L. McDonald and Alice McDonald, against the maternal aunt and uncle, H. S. Watkins and Natie Watkins. Judgment awarding the child to the maternal aunt and uncle, and the parents appeal. Under the facts and the authorities the court erred in its judgment awarding the custody of the infant to the maternal aunt and uncle. 29 Cyc. 1612; 2 Ala.
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Appeal from Probate Court, Chilton County; L. H. Reynolds, Judge. Habeas Corpus for the custody of an infant child by the parents, T. L. McDonald and Alice McDonald, against the maternal aunt and uncle, H. S. Watkins and Natie Watkins. Judgment awarding the child to the maternal aunt and uncle, and the parents appeal. Under the facts and the authorities the court erred in its judgment awarding the custody of the infant to the maternal aunt and uncle. 29 Cyc. 1612; 2 Ala. App. 113, 56 South. 873; 16 Ala. App. 606, 80 South. 681; 157 Ala.'659, 47 South. 582; 68 Ala. 299; 134 Ala. 117, 32 South.…
1Opinion of the CourtBricken, P. J.
Appellants are the father and mother of Lillian Alice McDonald, an infant, and H. S. Watkins and Natie Watkins (appellees) are the uncle and aunt of said infant; Mrs. Natie Watkins being the sister of Mrs. Alice McDonald, the mother of the infant whose custody is involved in this proceeding.
The evidence discloses that when the infant, Lillian Alice McDonald, was about eight months old, her mother, Mrs. McDonald, became very ill and it was necessary for her to spend several weeks in an infirmary. During the sickness of the mother, the child was taken by Mrs. Watkins to her home in Sylacauga.…
2Cases cited4 opinions
- Bryan v. BryanSupreme Court of Alabama · 1859
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1901
- Montgomery v. HughesAlabama Court of Appeals · 1911
- Black v. MontgomeryAlabama Court of Appeals · 1919
3Cited by2 opinions
- Morris v. MorrisAlabama Court of Appeals · 1923
- Commonwealth ex rel. Dykins v. Harry, Pennsylvania Court of Common Pleas, Luzerne County1963